Davis

FACTS

Resolution of the issue defendant raises in this appeal does not depend on the facts

of the underlying crime. Moreover, the facts are undisputed and are set out at length in

the parties‟ respective briefs. For our purpose it is sufficient to note that on December

10, 2010, defendant reported his mother‟s death to the funeral director of the mortuary

with which she had a burial contract. The funeral director realized from his conversation

with defendant that defendant‟s mother had not been under the care of a physician at the

time of her death, so he contacted the police to report the death as unattended. The fire

All further statutory references are to the Penal Code unless otherwise indicated.

2 department responded to that report by going to defendant‟s home. Defendant directed

them down a hall where they found defendant‟s mother on the floor of a bedroom.

An autopsy revealed defendant‟s mother had been shot three times in the torso,

and stabbed.2 The gunshot wounds indicated the shooter had fired at a downward angle,

which suggested the mother had been sitting in a chair when the gunman fired. The

autopsy also revealed, based on the condition of the…